BI Incorporated "VeriWatch" Contracts (Bronx County District Attorney's Office)

Mack DeGeurin filed this request with the Bronx County District Attorney's Office of New York.
Multi Request BI Incorporated "VeriWatch" Contracts
Status
Rejected

Communications

From: Mack DeGeurin

To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

I am writing to request access to all records, including but not limited to contracts and emails, related to BI Incorporated and/or its smartwatch device called the "VeriWatch." This request is made under the Freedom of Information Act (FOIA), 5 U.S.C. § 552. I am interested in learning more about the agency's use of the VeriWatch device, including how it is being used, how much it costs, and what safeguards are in place to protect the privacy of individuals who are subject to its use. Specifically, I am interested in any records that discuss:

The purpose of the agency's contract with BI Incorporated.
The terms of the contract, including the cost of the VeriWatch devices and the duration of the contract.
How the agency is using the VeriWatch devices.
The types of data that the VeriWatch devices collect and how that data is used.
The safeguards that the agency has in place to protect the privacy of individuals who are subject to the use of the VeriWatch devices.

I would appreciate it if you could provide me with copies of all responsive records within 30 days of receiving this request. If you have any questions or require any additional information, please do not hesitate to contact me at mdegeurin@gizmodo.com. I am a tech policy reporter at Gizmodo where I have experience reporting on policing technology. I believe these records are in the public interest and I plan to write about them for our large audience of readers. As such, I would like to respectfully request to have fees for these documents waived. If you have any questions about my media status, please contact me.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Mack DeGeurin

From: Bronx County District Attorney's Office

The Bronx District Attorney’s Office has received your request for records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the
Freedom of Information Law (“FOIL”).

If you have provided us with all of the necessary information needed to process a request, our Office will initiate the process within five business
days. You can expect a determination or update in approximately 60 business days. If we fail to render a determination or provide you with an update by
then, please do not hesitate to contact us. Alternatively, you may appeal a “constructive denial” upon the expiration of 60 business days by writing
to: FOIL Appeals Officer Peter Coddington, Bronx District Attorney’s Office, 198 East 161st Street, Bronx, NY 10451.

If you have not provided sufficient information, our Office will inform you as soon as possible and let you know what additional information we require
to process your request.

Please be advised that each page of documents under FOIL has a $0.25 per-page; $0.50 per color copy; $5.00 per audio cd; and $15.00 per video DVD
copying fee. There is no provision in the Public Officers Law for a waiver of this fee. See Whitehead v. Morgenthau, 146 Misc.2d 806, 807-808 (Sup.
Ct., N.Y. Co. 1990).

Please note that if you are requesting files for purposes of civil litigation, your request will nevertheless be processed in the order in which it was
received. If time is of the essence, it may behoove you to obtain a subpoena signed by the judge presiding over your civil matter.

Thank you for your request and we hope to be of service to you.

From: Bronx County District Attorney's Office

The Bronx District Attorney’s Office has received your request for records pursuant to New York Public Officers Law, Article 6, sections 84 et seq., the
Freedom of Information Law (“FOIL”).

If you have provided us with all of the necessary information needed to process a request, our Office will initiate the process within five business
days. You can expect a determination or update in approximately 60 business days. If we fail to render a determination or provide you with an update by
then, please do not hesitate to contact us. Alternatively, you may appeal a “constructive denial” upon the expiration of 60 business days by writing
to: FOIL Appeals Officer Peter Coddington, Bronx District Attorney’s Office, 198 East 161st Street, Bronx, NY 10451.

If you have not provided sufficient information, our Office will inform you as soon as possible and let you know what additional information we require
to process your request.

Please be advised that each page of documents under FOIL has a $0.25 per-page; $0.50 per color copy; $5.00 per audio cd; and $15.00 per video DVD
copying fee. There is no provision in the Public Officers Law for a waiver of this fee. See Whitehead v. Morgenthau, 146 Misc.2d 806, 807-808 (Sup.
Ct., N.Y. Co. 1990).

Please note that if you are requesting files for purposes of civil litigation, your request will nevertheless be processed in the order in which it was
received. If time is of the essence, it may behoove you to obtain a subpoena signed by the judge presiding over your civil matter.

Thank you for your request and we hope to be of service to you.

From: Bronx County District Attorney's Office

Mr. DeGeurin,

I am writing to acknowledge receipt of your follow-up requested dated November 6, 2023, in which you seek an update to your October 20, 2023 records request pursuant to Public Officers Law, Article 6, §§84, et seq., also known as the Freedom of Information Law ("FOIL").

I have started a search for the materials referenced in your request. Our Office receives a substantial number of requests for records. The records you have requested, if they exist, could be stored in several onsite and offsite file storage locations. Accordingly, due to the high volume of requests, as well as the time and effort required to locate and review these files, you can expect an update in approximately 60 business days from the date of your initial request.

From: Bronx County District Attorney's Office

Requestor:
Good morning, I am the Assistant District Attorney assigned to this request. My office has searched our internal and external digital database and we have spoken to the Chief of the Technical Investigation Bureau, as well as, the Deputy Chief of the General Counsel Division and, so far, I have been unable to verify that the Bronx District Attorney’s Office is using or has ever utilized the VeriWatch or had or has any contract with BI Incorporated, however, I am still in search of any information pertaining to your request. I will do my best to send you an update letter in the next 30 business days.
Feel free to contact me by email if you have any questions.
1983/95 – Tracy, Damien

From: Bronx County District Attorney's Office

Requestor:
Good morning, I am the Assistant District Attorney assigned to this request. My office has searched our internal and external digital database and we have spoken to the Chief of the Technical Investigation Bureau, as well as, the Deputy Chief of the General Counsel Division and, so far, I have been unable to verify that the Bronx District Attorney's Office is using or has ever utilized the VeriWatch or had or has any contract with BI Incorporated, however, I am still in search of any information pertaining to your request. I will do my best to send you an update letter in the next 30 business days.
Feel free to contact me by email if you have any questions.

From: Bronx County District Attorney's Office

You can expect an update on February 24th.

From: Bronx County District Attorney's Office

Attn: Mack DeGeurin:

Good afternoon, , I am the Assistant District Attorney assigned to this request. My office has searched our internal and external digital database and we have spoken to the Chief of the Technical Investigation Bureau, as well as, the Deputy Chief of the General Counsel Division and, so far, I have been unable to verify that the Bronx District Attorney's Office is using or has ever utilized the VeriWatch or had or has any contract with BI Incorporated, however, I am still in search of any information pertaining to your request. I am currently waiting on my Chief to get back to me with anything they found. I will do my best to send you an update letter in the next 30 business days.

Feel free to contact me by email if you have any questions.

From: Bronx County District Attorney's Office

Mr. DeGeurin,

Good morning. Attached is a Determination Letter and Records Certification pertaining to you October 20, 2023, records requested submitted pursuant to Public Officers Law, Article 6, §§84, et seq., New York's Freedom of Information Law ("FOIL").

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